| Kings Oak Terrace Coop. Apts., Inc. v Sara Bersh, Tenant, & William Bersh, Etc. |
| Motion No: 2019-01541 KC |
| Slip Opinion No: 2020 NY Slip Op 62873(U) |
| Decided on February 7, 2020 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 2nd, 11th & 13th Judicial Districts
THOMAS P. ALIOTTA, P.J.
DAVID ELLIOT
WAVNY TOUSSAINT, JJ.
DECISION & ORDER ON MOTION
| Kings Oak Terrace Cooperative Apartments, Inc., Respondent, v Sara Bersh, Tenant, and William Bersh, etc., Appellant, et al., Undertenants. |
Motion by appellant for a stay pending the determination of an appeal from an order of the Civil Court of the City of New York, Kings County, entered September 6, 2019. Separate motion by respondent for an enlargement of time to serve and file papers in opposition to appellant's motion. Tenant Sara Bersh died on October 12, 2019.
Upon the papers filed in support of the motions, it is
ORDERED, on the court's own motion, that appellant's motion and respondent's motion are consolidated for purposes of disposition; and it is further,
ORDERED that respondent's motion is granted and the opposition papers are deemed timely served and filed; and it is further,
ORDERED that appellant's motion is denied as unnecessary at this time, as tenant's death divested the court of jurisdiction to act and automatically stayed the proceeding pending the substitution of a personal representative for tenant (see Aurora Bank FSB v Albright, 137 AD3d 1177 [2016]; Matter of Vita V. (Cara B.), 100 AD3d 913 [2012]).
It is noted that a final judgment was entered on November 19, 2019 in violation of that automatic stay.
ENTER:
Paul Kenny
Chief Clerk